RESOLUTION 88-19167 RESOLUTION NO. 88-19167
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA APPROVING AND
ACCEPTING THE SETTLEMENT OFFER IN CITY OF
MIAMI BEACH V. CARCASSES,_ET AL. , CONCERNING
PAYMENT OF $102 , 000. 00 FOR THE TAKING OF
PARCEL NUMBER 3 THEREIN, LEGALLY DESCRIBED AS
LOT 1, BLOCK 52 , OCEAN BEACH ADDITION NUMBER
3 , PLAT BOOK 2 , PAGE 81, PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, PAYMENT OF $2 , 625 . 00
FOR APPRAISER ' S FEES , AND PAYMENT OF
$5, 000. 00 FOR ATTORNEYS ' FEES REGARDING TOTAL
REPRESENTATION OF SAID PROPERTY, AND FURTHER
AUTHORIZING THE APPROPRIATION OF THESE FUNDS
FROM THE WIDENING OF WASHINGTON AVENUE BOND
FUND 357 INTO WORK ORDER 2947„
WHEREAS, on May 12 , 1987, the City of Miami Beach, Florida,
instituted an eminent domain action styled City of Miami Beach v.
Carcasses, et al . , Case No. 87-20615, for the purpose of
acquiring four parcels of property in Miami Beach for the purpose
of widening Washington Avenue; and
WHEREAS, as set forth more specifically in the attached
letter from Attorney Mal Englander (Counsel for parcel number 3
in the subject lawsuit, said parcel being legally described as
Lot 1, Block 52 , Ocean Beach Addition No. 3 , Plat Book 2 , Page
81, Public Records of Dade County, Florida) , settlement of this
parcel has been offered upon receipt of $102 , 000. 00 for the
subject parcel, $2 , 625. 00 for appraiser' s fees and attorney' s
fees in the amount of $5, 000. 00; and
WHEREAS, the City Attorney has recommended acceptance of
this offer as settlement is economically advantageous to the City
of Miami Beach.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that:
1. the City Commission finds, determines, and declares
that the matters set out in the foregoing recitals are true and
correct, and they are hereby incorporated as part of this
Resolution; and
2 . the City Attorney ' s recommendation concerning
acceptance of the settlement offer from Attorney Mal Englander,
concerning parcel number 3 , legally described as Lot 1, Block 52 ,
1
Ocean Beach Addition No. 3 , Plat Book 2 , Page 81, Public Records
of Dade County, Flordia, in City of Miami Beach v. Carcasses, et
al . , is hereby accepted and approved; and
3 . the City Commission thus authorizes the appropriation
of $109, 625. 00 ($102 , 000. 00 for parcel number 3 , $2 , 625. 00 for
appraiser's fees, and $5, 000. 00 for attorney' s fees) for the
settlement of parcel number 3 in City of Miami Beach v.
Carcasses, et al. , said monies representing total payment for the
taking of said property, and total costs and attorney's fees, and
further authorizes that the appropriation of said monies be made
into Work Order 2947 from the widening of Washington Avenue Bond
Fund 357 .
PASSED and ADOPTED this 17th day of 1°;; 0119
1988
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ATTEST:
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CITY CLERK
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FORM APPROVED
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OFFICE OF THE CITY ATTORNEY 401101P
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ARNOLD M. WEINER kI"`°RrD P.O.*; BIN 190000
CITY ATTORNEY 26__="��/ MIAMI BEACH,FLORIDA 33119
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TELEPHONE: 673=7470
COMMISSION MEMORANDUM '90-
DATE:
90-DATE: FEB. 17 , 1988
TO: Mayor Alex Daoud and
Members of the City Commission
City Manager Rob Parkins
FROM: Arnold M. Weiner , .
City Attorney ../11
SUBJECT: CITY OF MIAMI BEACH V. CARCASSES, ET AL. , PARCEL NO. 3
- SETTLEMENT OF PROPERTY VALUES AND ATTORNEYS' FEES
On May 12 , 1987 , the City Attorney filed on behalf of the City of
Miami Beach a Petition in Eminent Domain, styled City of Miami
Beach v. Carcasses, et al. , Case No. 87-20615, for the purpose of
quick-taking the following four properties:
Parcel No. 1 - 24 Washington Avenue, legally described
as that portion of Lots 1 and 2 , Block
51, Ocean Beach Addition No. 3 , as
recorded in Plat Book 2 , Page 81 of the
Public Records of Dade County, Florida
described as follows: Beginning at the
southwest corner of Lot 2 , thence north
along the west line of Lot 2 , a distance
of 39 . 0 ' , thence easterly a distance of
59 . 25 ' to a point of the east line of
Lot 1, thence, southerly along the
easterly line of Lot 1, a distance of
29 ' to the southeast corner of Lot 1,
thence westerly along the south line of
Lots 1 and 2 , a distance of 51. 85 ' to
the point of beginning.
Parcel No. 2 - 28 Washington Avenue, legally described
as a portion of Lots 1 and 2 , Block 51,
Ocean Beach Florida Addition. No. 3 ,
according to the plat thereof, recorded
in Plat Book 2 at Page 81 of the Public
Records of Dade County, Florida being
more particularly described as follows:
Commence at the northwest cornev.. of Lot
2 , thence run southerly, along the west
line of Lot 2 , for 26. 27 ' to the point
of beginning of the tract of land
hereinafter described; thence continue
southerly, along the west line of Lot 2 ,
for 34 . 73 ' more or less to a point that
is 39 ' north of the southwest corner of
Lot 2 ; thence run southeasterly, for
59 . 19 ' more or less to a point in the
easterly line of Lot 1 that is 29 '
northeasterly of the southeast corner of
Lot 1, as measured along the easterly
line of Lot 1; thence run northeasterly
along the easterly line of Lot 1 for
32 . 17 ' more or less to a point that is .
41.28 ' southwesterly of the northeast*
AGENDA
ITEM
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIS DATE -7- BB
corner of Lot 1, as measured along the
easterly line of Lot 1; thence run
northwesterly for 66.81 ' more or less to
the point of beginning.
Parcel No. 3 - 74 Washington Avenue, legally described
as Lot 1, Block 52 , Ocean Beach Addition
No. 3 , Plat Book 2 , Page 81, Public
Records of Dade County, Florida.
Parcel No. 4 - 710 1st Street, legally described as Lot
2 , Block 52 , Ocean Beach Addition No. 3 ,
Plat Book 2 , Page 81, Public Records of
Dade County, Florida.
On July 15, 1987, City of Miami Beach Resolution No. 87-18914 was
adopted by this Commission approving and adopting an agreement
concerning the settlement of parcel #4 referred to hereinabove.
As such, parcel numbers 1, 2 , and 3 remain to be set for trial in
the above-styled action.
Attorney Mal Englander representing parcel number 3 , has offered
to settle this case in regard to said parcel upon receipt of
$102 , 000. 00 for parcel number 3 , (said money to represent payment
in full for the taking of said parcel) , $2 , 625. 00 for appraiser' s
fees, and $5, 000. 00 for attorney' s fees.
I recommend that Attorney Englander' s offer be accepted since it
would be more economically advantageous for the City of Miami
Beach to settle this lawsuit rather than proceed to trial.
AMW/JKO/rg
2
ORIGINAL
RESOLUTION NO. 88-19167
(Approving and accepting the settlement
offer in City of Miami Beach V. Carcasses,
ET AL. concerning payment of $102,000.00
for the taking of PARCEL NUMBER 3 therein
legally described as Lot 1, Block 52, Ocean
Beach Addition Number 3, Plat Book 2, Page
81, Public Records of Dade County, Florida,
payment of $2,625.00 for appraiser's fees
and payment of $5,000.00 for attorney's
fees regarding total representation of said
property, and further authorizing the appro-
priation of these funds from the widening
of Washington Avenue Bond Fund 357 into
Work Order 1947)